Terms Used In Vermont Statutes Title 26 Sec. 2502

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • road: shall include bridges thereon and their approaches. See
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

§ 2502. Definitions

For the purpose of this chapter:

(1) “Board” means the Board of Land Surveyors established under this chapter.

(2) “Disciplinary action” includes any action taken against a licensee for unprofessional conduct.

(3) “Licensed land surveyor” means a person licensed by the Board who is:

(A) a professional specialist in measuring land;

(B) educated in the principles of mathematics, the related physical and applied sciences, and real property law; and

(C) engaged in the practice of land surveying as defined in this section.

(4) “Practice of land surveying” means providing, or offering to provide, professional services, including record research, reconnaissance, measurements, gathering parol evidence, analysis of evidence, mapping, planning, expert testimony, and consultation related to any of the following:

(A) locating, relocating, establishing, reestablishing, or retracing property lines or boundaries, or demarcating other legal rights or interests in any tract of land, road, right-of-way, or easement;

(B) determining, by the use of principles of surveying, the position for any boundary monument or reference point, or replacing any monument or reference point;

(C) making any survey for the division, subdivision, or consolidation of any tract of land;

(D) creating, preparing, or modifying graphic documents such as maps, plats, and plans, or electronic data used or referenced in instruments of conveyance of rights in real property, or that define rights in real property, or are used to define such rights;

(E) calculating dimensions and areas, which may be used to define rights in real property.

(5) “Monument” excludes paint marks, ribbons, signs, and any nonpermanent structures supporting ribbons or signs.

(6) “Responsible charge” means direct control and personal supervision.

(7) “Supervision” of an applicant means regular personal review of the applicant’s land surveying work. (Added 1967, No. 364 (Adj. Sess.), § 2, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 2003, No. 60, § 13.)